San Diego DUI lawyers provide free expungement information and defense consultation.
After the conclusion of San Diego DUI probation, you may petition the court to grant dismissal of the accusatory pleading pursuant to Penal Code section 1203.4.
As long as you have fully complied with and performed any sentence of the court, you are not then serving a sentence for any offense, you are not then on probation for any offense, and you are not then charged with committing any offense, you are eligible for relief.
Relief includes the set aside of an plea of guilty or no contest, and any verdict; a plea of Not Guilty is entered and the accusatory pleading is dismissed.
Upon granting the relief, the defendant is released from all penalties and disabilities resulting from the conviction of the offense, except as indicated below:
The order granting relief does not relieve the defendant of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public offense, for licensure by any state or local agency, or for contracting with the California State Lottery.
The order does not permit the defendant to own, possess, or have custody or control of any firearm capable of being concealed upon the person, and it does not prevent conviction of the defendant under Penal Code section 12021.
The relief granted by PC 1203.4 does not seal, destroy or remove any entries from the court, law enforcement or Department of Justice records, but is a dismissal of the charges and convictions. Upon the granting of the petition, a notation will be entered on the record that the relief was granted pursuant to this statute. The Department of Motor Vehicles shall still consider the conviction for purposes of revocation or suspension of the driving privilege pursuant to Vehicle Code section 13555.
If you get a DUI over the ten year period (under present law) following any conviction, a dismissed misdemeanor conviction for DUI may still be used against you to enhance penalties or increase punishment by court or DMV.
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San Diego DUI criminal defense attorney will provide the most thorough investigation and professional handling of your case from start to finish. With a goal to protect your legal rights and reduce penalties to the minimum, your San Diego DUI criminal defense lawyer will keep you advised every step of the way.
The best San Diego DUI defense attorney will investigate all San Diego drunk driving arrests to ensure that the client’s legal rights were preserved and the San Diego county police officer following proper San Diego procedure.